Police procedure -- what happens after an officer shoots a suspect?

Monday

The SBI is often called on by local agencies to investigate officer-involved shootings in which someone is injured.

Editor's note: A list of recent SBI investigations into officer-involved shooting is at the end of this article.

When a law enforcement officer is involved in a shooting, two investigations begin as soon as the smoke clears.On one hand there is an internal investigation and on the other a criminal investigation, said Gregory Tart, assistant director of the N.C. State Bureau of Investigation. The SBI is often called on by local agencies to investigate officer-involved shootings in which someone is injured. "Most law enforcement agencies have policies (and) procedures in place that cover an officer who fires his weapon in the line of duty. Normally, they are placed on administrative duty and the department conducts an internal investigation into the shooting to determine whether or not any policies (or) procedures were violated. If an individual is injured as a result of the shooting, we are usually requested by that department, and usually the district attorney as well, to look into the shooting to determine if any criminal laws were violated on behalf of the officer," Tart said. "Our criminal investigation and the department's internal investigation are completely separate and the internal has no bearing on what we do."In 2013, the SBI investigated 53 officer-involved shootings in North Carolina, six of which were in the Cape Fear region. Standard operating procedures related to officer-involved shootings in both the Wilmington Police Department and the New Hanover County Sheriff's Office follow guidelines set forth by the Commission on Accreditation for Law Enforcement Agencies.According to CALEA guidelines, when an officer is involved in a shooting in which a person is injured, the first step is to ensure the threat to officers and others is "neutralized."Next, suspects are separated and secured, and any information on fleeing suspects is shared with dispatch. A supervisor and an internal affairs investigator are called to the scene and first aid is rendered to anyone injured. The weapon that was fired, including any officer weapons, are secured as evidence. When a supervisor arrives, the officer involved in the shooting is "moved away from the center of activity," the guidelines state. The weapons of all other officers on scene also are checked to ensure they were not also discharged. Investigating officers are directed to record, photograph and diagram the scene, as well as take into evidence the officer's clothing and any gear. The internal investigation at the WPD is conducted by Professional Standards. Among a number of investigative duties, the Professional Standard's commander will be responsible for ensuring the scene is "thoroughly inspected" and video recorded, statements gathered from witnesses and first responders, and separate interviews are conducted with each officer on the scene at the time of the shooting. During this time, the SBI's Police Shooting Team would be called on to criminally investigate the shooting, the SOP states. What's gathered in the internal investigation is not introduced into the criminal investigation."In a nutshell, a police officer involved in a shooting will be immediately subject to two separate investigations, but ultimately he or she may be involved in up to a dozen investigations such as state or federal or civil rights investigations," said John Midgette, executive for the N.C. Police Benevolent Association, which has represented police officers in shootings for nearly 30 years. Midgette said departments are best served by professional standards that strictly adhere to the guidelines set forth in their policies."Departments take officer involved shootings very seriously," he said. "Departments that are the most professional do the best investigations. These shootings must be investigated through the lens of the people on the scene and the facts, not the emotional feeling of others."

F.T. Norton: 343-2070On Twitter: @FTNorton

August 16: Darius Hester, 23, was shot in the arm after he reportedly pointed a gun at an officer. Five weeks later the SBI report was completed and the Wilmington Police Department officer was cleared of any wrongdoing. October 13: Shooting death of Brandon Smith by two New Hanover County sheriff's deputies and a federal agent. Smith was the subject of a three-day manhunt and was wanted in the shooting of an officer Oct. 10 in the Creekwood neighborhood of Wilmington. The SBI investigation was complete in 19 days and the two deputies and a federal agent were cleared of any wrongdoing. October 25: Shooting deaths of Tevin Robinson, 20, and Ronald Roland, 19, by Wilmington officers as Robinson and Roland exited a Pizza Hut following an armed robbery. Officers cleared. November 1: Johnnie Lamont Williams, 42, was injured by a Wilmington Police Department police dog during his arrest. Williams dodged a DWI checkpoint and led police on a chase through town before his arrest. SBI reviewed the case for excessive force. Case against officer presented to grand jury. Grand jury declined to indict officer.November 6: Jhahie Dunham Mitchell, 20, was shot in the foot by a Wilmington Police Department officer after police say the vehicle he was in accelerated toward officers investigating a home-invasion report. Status not immediately available. January 5: Keith Vidal, a schizophrenic teen, was shot after his parents called police for help. Southport Officer Bryon Vassey was indicted by a grand jury Feb. 4 on a charge of voluntary manslaughter. His charges are still pending. January 28: Gracie Denk's boyfriend called 911 because he was concerned Denk was suicidal. Officers spotted Denk driving past the boyfriend's house and stopped her vehicle. Denk was in possession of a handgun. She was shot and killed. Officers cleared. Source: StarNews archives

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